Paul v Attorney General [2011] MWHC 10

"This matter is about the constitutionality of the applicant's detention whilst awaiting to he tried. Indeed what I am being asked to consider in this case is whether there was a breach of the reasonable time requirement as stipulated in Section 42(2)(f)(i) of the Constitution of Malawi. In this regard, I believe that the test that has to be adopted would be one that was laid down in. Attorney-General's Reference (No 1 of 1990)[1992] QJ3 630, which is that (in the absence of malpractice or misbehaviour by the prosecutor) the attention of the court is directed to the single issue whether, because of the delay which has occurred, a fair trial of the accused or defendant will or may be prejudiced."

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